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Toward a National Ocean Policy, 1976 and Beyond. INSTITUTION Johns Hopkins Univ., Washington, D.C

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Toward a National Ocean Policy, 1976 and Beyond. INSTITUTION Johns Hopkins Univ., Washington, D.C DOCUMENT RESUME ED 134 418 SE 021 490 AUTHOR Osgood, Robert E.; And Others TITLE Toward a National Ocean Policy, 1976 and Beyond. INSTITUTION Johns Hopkins Univ., Washington, D.C. School of Advanced International Studies. SPONS AGENCY National Science Foundation, Washington, D.C. REPORT NO NSF-RA-X-75-006 PUB DATE Feb 76 GRANT NSF-GI-39643 NOTE 212p.; Contains small type in tables and footnc0-es; Publication prepared by ocean Policy Project, ScItooI of Advanced International Studies AVAILABLE FROM Superintendent of Documents, U.S. Government Prf,nt5.nq Office, Washington, D.C. 20402 (Stock Number 038-000-00263-5, $2.60) EDRS PRICE MF-$0.83 HC-$11.37 Plus Postage. DESCRIPTORS Economics; Fisheries; *Legislation; *Natura1 Resources; *Oceanology; *Policy; *Sciences; *World Problems IDENTIFIERS *Law of the Sea Conference; UNESCO ABSTRACT Each chapter in this publication takes up a specific issue, analyzes its importance to the United States, discussesits evolution in the international negotiatingprocess, and considers the various policy options in the context of the treaty making exercise. The criteria for evaluating policy optionsare included. The eight chapters are: (1) The Evolving International Ocean Regime;(2) The Third U.N. Conference on the Law of the Sea; (3) National Security; (4) commercial Navigation; (5) Marine Environment;(6) Fisheries; (7) Mineral Resources; and (8) Marine Science. The appendices includea chart of legal and geographic definitions, a glossary,a list of selected events, and a selected bibliography. (RH) *********************************************************************** Documents acquired by ERIC include many informal unpublished * materials not available from other sources. ERIC makesevery effort * * to obtain the best copy available. Nevertheless, items of marginal * * reproducibility are often encountered and this affects the quality * * of the microfiche and hardcopy reproductions ERIC makes available * * via the ERIC Document Reproduction Service (EDRS). EDRS is not * responsible for the quality of the original document. Reproductions * * supplied by EDRS are the best that can be made from the original. *********************************************************************** NSF-RA-X-75-006 UE PAR T ME.° HE AL T.. OuCATION & WELFARE NAT IONAL iNST1 TuTE OF FOUCATION % Q0. 4t I . N `ri r PI4E , NS' 06- F Toward A National Ocean Policy: 1976 and Beyond Prepared for National Science Foundation Under Grant No. GI 39643 2 Anyopinions, findings, conclusionsorrecommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the National Science Foundation. ' , 4L re, , Toward A National Ocean Policy1 1976 and Beyond by Robert E. Osgood, Ann L. Hollick, Charles S. Pearson, James C. Orr Prepared for National Science Foundation Research Applications Directorate Under Grant No. GI 39643 by Ocean Policy Project The Johns Hopkins University, Washington, D.C. 4 OCEAN POLICY PROJECT 41114- Other publications by the OCEAN POLICY PROJECT: Report of the Marine Scienct Workshop. Bologna, 1973, New Era of Ocean Polities, by Ann L. Hollick and Robert E. Osgood, 1974. Perspectives on Ocean Policy, Proceedings of the Conferenceon Conflict and Order in Ocean Relations, October 1974. International Marine Environment Policy: The Economic Dimen- sion. by Charles S. Pearson, 1975. The Ocean Policy Protect has also published numerous articles and Occasional Papers on variousocean-related issues. A complete listing is available upon request to the Project Office. Ocean Policy Project School of Advanced International Studies The Johns Hopkins University 1740 Massachusetts Avenue, N.W. Washington, D.C. 20036 -- For sale by the Superintendent of Documents, U.S. Government Printing Office Washington, D.C. 20402 Price $240 Stock Number 038-000-00263-5 II 5 Foreword Few areas of contemporary concern demonstrate man'sgrowing interdependence more clearly than theoceansa fact recognized by the 141 nations currently involved in the ThirdUnited Nations Conference on the Law of the Sea (UNCLOS). Rapid scientific and technological advances have made possible therecovery of petroleumdepositsfromthecontinentalmargins andthe harvesting of mineral resources from the deepest portions of the seabed. These and other capabilities have coincided withincreases in world population and shortages of food andraw materials, resulting in new pressures on whatwere once imagined to be the "infinite" resources of the seas. The threatened extinction ofcertain species of fish and marinr mammals, and the increasing levels of marine pollution are prime examples. lo1972, in response to the growing concern with this long- neglected 70 percent of the earth's surface, the Johns Hopkins Sehool of Advanced International Studies institutedits Ocean Policy Project, with initial funding from the National Science Foundati(1n (currently under Grant No. GI 39643.) Since thattime the Project has conducted research into the broadrange of policy- relevant ocean issues and, through its graduate seminar,trained dozens of students from as many countries in the understanding and assessment of national and internationalocean policies. Because ocean policy encompasses such a diversity of issues economic. political,legal, military, commercial, scientific and ecologicalthe Project has employedan interdisciplinary ap- proach both in its organizationam. its activities. As Principal Investigator, Robert E. Osgood provides the foreign policy and military perspectives, as well as prior experience withocean mat ters as a senior staff member of the National Security Council in 1969-70. Ann L. Hollick, currently an advisor to the U.S. delegation to the LON of the Sea Conference, combines her scholarship in international law and organization witha thorough grounding in the U.S. decisionmaking process and close observation ofthe international negotiations. Charles S. Pearson has coupled the ecologist's concern with that of an international economist in his approach to marine environmental problems. James C.Orr has focused on resource issues of the continental shelf and seabed. Richard C. Raymond, in addition to administrative responsibilities for the Project, has concentrated on dispute settlement proposalsin the context c. law of the sea. Barbara S. Bowersox collectsand maintains the specialized holdings of the Project research library, and rdltPcujeLt publications. Throughout the existence of the Project. senior staft members have been ably assisted by a number Qraduate research assistants. many of whom have gone On to el,rs in ()Lean related fields. Among these are Elliott Treby, Rubert &Boer, lames Zimmerman. N1itc1(ell Kornhlit, Alan Sielen, Peter \la ), nard. Linton Wells. Franklin Julian, (len' Haar& and How art! Sinums \Vi' acknow ledge %vith gratitude the contributions I/1t..11 h. Sincere appreciation is also extended to the National Science I urOfiti.n tur its supp(o. and in piaticular to Robert W. Lamson id the Offn.1' lit Exploratory Research and Problem Assessment hu. as project monitor. has followed Our work from the beginning. His assistancl! in a number of areas has been invaluable, and weare gratetul.ln,i(Idition. the Project wishis to thank the Exxon Curpuration and the Alcoa Foundation ha' supplemental funds w ho Iihay emabled us to expand our program. It should he mentioned. however, that the v'eiws expressed in this study are those Id. the Ocean Policy Project and (I() not necessarilN reflect those of its spunsurs or contributors. A word or kvo also about the scope of this particular effortboth as to content and intent. Because the UN Conference on Lawof the Sea is of immediate concern to policymakers and ocean interest groups. the content of this study has been dictaml largelyby the issues currently under debate in that forum, and the status of :he negotiations as of this writing. Each chapter takes up a specific issue. analvzey its importance to the United States, discusses its evolution in the intOrnational negotiating process, and considers the various policy options in the context of the treaty-making exercise. The, criteriafor evaluating policy options are:(1) American national self-interest, enlightened by a due respect for international (mler, welfare, and equity; (2) effectiveness and flexibility of means to achieve ends related to this goal;(3) economic efficiency;(-I)domestic and international political feasihility: and (5) the time frame for implementation. The intent of this study, however, is somewhat broader. Despite the current nature of much of the subject matter, it is hoped that the reader will he equally at teatiye to the long range implications of the material presented here. One international conference does not a nationaloceanpolicy make. Regardless of the outcome of INCLOS. the world ocean is destined to become an increasingly complex and critical arena in which a multiplicity of functions undreamedof by (lrotius, Seldenor even Pardomust be actommoda toilinan orderlyfashion.ltbecomes essential, therefore, to look beyond the expedients of the current situation to a system of ocean management designed to deal with the continuing iv technological innovations and changing national andinternational priorities that are certain to dictate futureocean relations. Only from this perspective can wemove toward a national ocean policyfor 197(1 ond beyond. Robert E. Osgood Director. Ocean Policy Project (h:toher 1)75 8 CONTENTS Executive Summary 1 PART I. THE LAW OF THE SEA: AN OVERVIEW 17 Chapter 1. The
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